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Showing posts with label S 152 of CPC. Show all posts
Showing posts with label S 152 of CPC. Show all posts
Saturday, 25 March 2023

Can the court permit the correction of the sale deed executed by it in the execution of the decree after 38 Yrs?

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  The decree was put in  execution and came to be satisfied by executing sale deed through  the Court. In the execution application, due to ...
Tuesday, 28 April 2020

Whether court can permit correction of decree in execution of decree?

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In terms of order 6 Rule 17 CPC, the Court at any stage of the proceedings, may allow either party to alter or amend the pleadings. Readin...
Tuesday, 2 April 2019

Whether court can correct error in judgment if it occurred due to error in pleading without amending pleading?

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  The learned Counsel for the petitioners contends that the impugned order cannot be sustained in view of the law laid down by this Court ...
Sunday, 10 December 2017

Whether decree can be executed after amending judgment?

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Perusal of the judgment of the trial Court in Regular Civil Suit No. 225 of 1985 indicates that it was not the stand of the defendant that ...
Tuesday, 15 November 2016

Whether court can amend judgments, decrees or orders if mistake is arising out accidental slip or omission of parties?

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    I am of the view that there is no reason to restrict the scope of Section 152 of the Code of CPC to `accidental slip or omission...
Friday, 22 July 2016

Whether court can make correction in decree U/S 152 of CPC if mistake is on part of litigant?

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 The case of the petitioners may be examined on the anvil of the decisions cited supra. On a bare perusal of Section 152 CPC, it is evide...
Thursday, 14 May 2015

Whether decree for divorce by mutual consent can be modified incorporating agreement which was not part of decree as per S 152 of CPC?

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Civil Procedure Code, 1908--Section 152--Modification of decree-- Divorce by mutual consent--Agreement between parties--No prayer was made...
Tuesday, 3 June 2014

Which mistakes in judgment can be corrected by court under S.152 of CPC?

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Section 152 C.P.C. provides for correction of clerical arithmetical mistakes in judgments, decrees or orders or errors arising therein from...
Tuesday, 31 December 2013

Which mistake can be corrected by court u/s 152 of CPC?

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 Section 152 provides that a clerical or arithmetical mistake in judgments, decrees or orders or errors arising therein from any accidental...

Whether Correction of decree is permissible as per S152 of CPC?

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The same Bench again in  Pratibha Singh & Ors. v. Shanti Devi Prasad & Anr.  [AIR 2003 SC 643] held : When the suit as to im...
Saturday, 28 December 2013

Whether Correction of decree is permissible?

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Unfortunately, in the schedule to the plaint the suit property has been described, amongst other, as Municipal Holding No. 22 though ac...
Sunday, 18 August 2013

Whether Court can correct award passed in Lok adalat by exercising powers U/S 152 of CPC?

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(v)  If   the   learned   District   Judge   finds   that   the  calculations  incorporated in  the consent awards are erroneous,  the learn...
Friday, 31 August 2012

Whether court can add or subtract any relief granted in judgement U/S 152 of CPC?

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 Section 152 provides that a clerical or arithmetical mistake in judgments, decrees or orders or errors arising therein from any accidenta...
Thursday, 12 April 2012

Whether Power to rectify decree u/s 152 of CPC is given to court to give second thought over the matter?

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Power to rectify decree is not a power to give second thought over the matter. Power u/s 152 is confined to something initially intended...